Reply:

1. Latest regulations on property regime of husband and wife according to agreement

According to Articles 15, 16, 17 and 18 of Decree 126/2014/ND-CP regulating the property regime of husband and wife according to agreement as follows:

* Determine the property of husband and wife according to the agreement

- In case of choosing to apply the marital property regime as agreed, the husband and wife can agree to determine assets according to one of the following contents:

+ Property between husband and wife includes common property and separate property of husband and wife;

+ There is no separate property between husband and wife, but all property acquired by husband and wife before marriage or during the marriage period is common property;

+ There is no common property between husband and wife, but all property acquired by husband and wife before marriage and during the marriage period is owned exclusively by the person who acquired that property;

+ Determined according to other agreements between husband and wife.

- The agreement on property between husband and wife must comply with the provisions of Articles 29, 30, 31 and 32 of the Law on Marriage and Family 2014. If violated, people with related rights and interests have the right to request the Court. The court declared the agreement invalid according to the provisions of Article 50 of the 2014 Law on Marriage and Family.

* Provide information about the husband and wife's property regime as agreed upon in transactions with a third party

In case the agreed property regime between husband and wife is applied, when establishing and implementing a transaction, the husband and wife are obliged to provide the third person with relevant information; If the husband or wife violates this obligation, the third party is considered bona fide and has their rights protected according to the provisions of the 2015 Civil Code.

* Amending and supplementing the content of the spousal property regime

- In case the agreed property regime of husband and wife is applied, during the marriage period, the couple has the right to agree to amend or supplement part or all of the content of that property regime or apply it. Use the property regime according to law.

- The agreement to amend and supplement the content of the marital property regime must be notarized or authenticated according to the provisions of law.

* Consequences of amending and supplementing the content of the marital property regime

- The agreement to amend and supplement the content of the marital property regime takes effect from the date it is notarized or authenticated. Husbands and wives are obliged to provide third parties with relevant information according to the provisions of Article 16 of Decree 126/2014/ND-CP.

- Property rights and obligations arising before the effective date of amendments and supplements to the marital property regime remain legally valid, unless the parties agree otherwise.

2. Basic content of the agreement on property regime of husband and wife

The basic content of the agreement on property regime of husband and wife according to Article 48 of the Law on Marriage and Family 2014 is as follows:

- Basic content of the agreement on property regime includes:

+ Property is determined to be common property and separate property of husband and wife;

+ Rights and obligations of husband and wife regarding common property, separate property and related transactions; assets to ensure the family's essential needs;

+ Conditions, procedures and principles for property division upon termination of the property regime;

+ Other related content.

- When implementing the agreed property regime and issues that have not been agreed upon by husband and wife or are unclear, the provisions of Articles 29, 30, 31 and 32 of the Law on Marriage and Family shall apply. 2014 and the corresponding provisions of the statutory property regime.